Veranda Nation v. Culinary Matters

Court of Appeals of Texas·Decided June 12, 2025·No. 01-25-00038-CV·Published

Opinion

Opinion issued June 12, 2025

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-25-00038-CV ——————————— VERANDA NATION INC., Appellant V. CULINARY MATTERS LLC, Appellee

On Appeal from the 55th District Court Harris County, Texas Trial Court Case No. 2018-51065

MEMORANDUM OPINION

Appellant, Veranda Nation Inc., filed a notice of appeal from the trial court’s

October 16, 2024 final judgment. Appellant has neither paid the required fees nor

established indigence for purposes of costs. See TEX. R. CIV. P. 145; TEX. R. APP.

P. 5, 20.1; see also TEX. GOV’T CODE ANN. §§ 51.207, 51.208, 51.851(b), 51.941(a); Order, Fees Charged in the Supreme Court, in Civil Cases in the Courts of Appeals,

and Before the Judicial Panel on Multi-District Litigation, Misc. Docket No.

15-9158 (Tex. Aug. 28, 2015). On February 6, 2025, appellant was notified that this

appeal was subject to dismissal if appellate costs were not paid, or indigence was not

established, by March 10, 2025. See TEX. R. APP. P. 42.3(b), (c). Appellant did not

adequately respond.

Further, appellant has not paid or made arrangements to pay the fee for the

preparation of the clerk’s record. See TEX. R. APP. P. 37.3(b). On February 19,

2025, appellant was notified that this appeal was subject to dismissal if appellant did

not submit written evidence that appellant had paid or made arrangements to pay the

fee for the preparation of the clerk’s record by March 21, 2025. See TEX. R. APP. P.

42.3(b), (c). Appellant did not adequately respond.

Accordingly, we dismiss the appeal for nonpayment of all required fees and

want of prosecution. See TEX. R. APP. P. 5, 42.3(b), (c), 43.2(f). We dismiss any

pending motions as moot.

Panel consists of Justices Guerra, Gunn, and Dokupil.

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